| Columbia Capital Co. v 21 Brighton 7th Walk, LLC |
| Motion No: 2013-02946 |
| Slip Opinion No: 2017 NY Slip Op 61322(U) |
| Decided on January 18, 2017 |
| Appellate Division, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
Appellate Division: Second Judicial Department
M161253
S/sl
RANDALL T. ENG, P.J.
WILLIAM F. MASTRO
REINALDO E. RIVERA
MARK C. DILLON
RUTH C. BALKIN, JJ.
|
2013-02946 Columbia Capital Co., et al., respondents, v 21 Brighton 7th Walk, LLC, et al., appellants. (Index No. 3163/10)
| DECISION & ORDER ON MOTION |
Application by Frank Rosemberg pursuant to 22 NYCRR 670.8(d)(2) to enlarge the time to perfect his appeal and a purported appeal by the defendant 21 Brighton 7th Walk, LLC, from an order of the Supreme Court, Kings County, dated February 11, 2013.
Upon the papers filed in support of the application and no papers having been filed in opposition or in relation thereto, it is
ORDERED that on the Court's own motion the purported appeal by 21 Brighton 7th Walk, LLC, is dismissed, without costs or disbursements, as Frank Rosemberg was not authorized to file a notice of appeal on behalf of that defendant (see Michael Reilly Design, Inc., v Houraney, 40 AD3d 592); and it is further,
ORDERED that the application is granted to the extent that the time of Frank Rosemberg to perfect his appeal is enlarged until February 17, 2017, and the record or appendix on the appeal and the brief of Frank Rosemberg must be served and filed on or before that date, and the application is otherwise denied as academic.
ENG, P.J., MASTRO, RIVERA, DILLON and BALKIN, JJ., concur.
ENTER:
Aprilanne Agostino
Clerk of the Court